North Carolina driving laws

The rules your permit test asks about, in plain English. Each one is quoted from North Carolina’s statutes or an official DMV page. Handbooks are often years out of date, so where the law has changed we follow the law.

Checked October 2, 2026.

The short version

Phones and texting
Every driver is banned from texting, emailing or reading texts and emails while driving (G.S.
Alcohol and drugs (DUI)
It is illegal to drive impaired or with an alcohol concentration of 0.08 or more (0.04 in a commercial vehicle).
Seat belts and child seats
Everyone in the vehicle, front and back, must wear a seat belt.
Speed limits
Unless signs say otherwise, the limit is 35 mph inside city or town limits and 55 mph outside them.

Phones and texting

Every driver is banned from texting, emailing or reading texts and emails while driving (G.S. 20-137.4A). Adults may still make handheld calls. Drivers under 18 may not use a mobile phone at all while the vehicle is moving, hands-free included, except for emergency calls and calls with a parent, legal guardian or spouse.

Official wording (6 sources)
  • “It shall be unlawful for any person to operate a vehicle on a public street or highway or public vehicular area while using a mobile telephone to:”
    ncleg.gov
  • “Manually enter multiple letters or text in the device as a means of communicating with another person; or”
    ncleg.gov
  • “Any other violation of this section shall be an infraction and shall be punishable by a fine of one hundred dollars ($100.00) and the costs of court.”
    ncleg.gov
  • “no person under the age of 18 years shall operate a motor vehicle on a public street or highway or public vehicular area while using a mobile telephone or any additional technology associated with a mobile telephone while the vehicle is in motion.”
    ncleg.gov
  • “The motor vehicle operator's parent, legal guardian or spouse.”
    ncleg.gov
  • “Any person violating this section shall have committed an infraction and shall pay a fine of twenty-five dollars ($25.00).”
    ncleg.gov

Alcohol and drugs (DUI)

It is illegal to drive impaired or with an alcohol concentration of 0.08 or more (0.04 in a commercial vehicle). Drivers under 21 may not drive with any alcohol in their body. Refusing a chemical test means an immediate revocation of at least 30 days and a 12-month revocation by DMV.

Official wording (8 sources)
  • “After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more.”
    ncleg.gov
  • “After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.04 or more.”
    ncleg.gov
  • “It is unlawful for a person less than 21 years old to drive a motor vehicle on a highway or public vehicular area while consuming alcohol or at any time while he has remaining in his body any alcohol or controlled substance previously consumed”
    ncleg.gov
  • “Your driving privilege will be revoked immediately for at least 30 days if you refuse any test or the test result is 0.08 or more, 0.04 or more if you were driving a commercial vehicle, or 0.01 or more if you are under the age of 21.”
    ncleg.gov
  • “the Division shall expeditiously notify the person charged that the person's license to drive is revoked for 12 months”
    ncleg.gov
  • “When a license is revoked under subdivision (2) of G.S. 20-17, and the period of revocation is not determined by subsection (d) or (e) of this section, the period of revocation is one year.”
    ncleg.gov
  • “A defendant subject to Level Five punishment may be fined up to two hundred dollars ($200.00) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 24 hours and a maximum term of not more than 60 days.”
    ncleg.gov
  • “A defendant subject to Level One punishment may be fined up to four thousand dollars ($4,000) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 30 days and a maximum term of not more than 24 months.”
    ncleg.gov

Seat belts and child seats

Everyone in the vehicle, front and back, must wear a seat belt. Police can stop you for a front-seat violation, but not for a rear-seat passenger alone. Children under 8 and under 80 pounds must ride in a weight-appropriate child seat.

Official wording (4 sources)
  • “each occupant of a motor vehicle manufactured with seat belts shall have a seatbelt properly fastened about his or her body at all times when the vehicle is in forward motion on a street or highway in this State.”
    ncleg.gov
  • “Failure of a rear seat occupant of a vehicle to wear a seat belt shall not be justification for the stop of a vehicle.”
    ncleg.gov
  • “A child less than eight years of age and less than 80 pounds in weight shall be properly secured in a weight-appropriate child passenger restraint system.”
    ncleg.gov
  • “a child less than five years of age and less than 40 pounds in weight shall be properly secured in a rear seat, unless the child restraint system is designed for use with air bags.”
    ncleg.gov

Move Over law

When an emergency vehicle or public service vehicle is stopped within 12 feet of the road with warning lights on, move out of the lane next to it if you have two or more lanes and can do so safely. If you can't, slow down and be ready to stop until you are past it.

Official wording (4 sources)
  • “is parked or standing within 12 feet of a roadway and giving a warning signal by appropriate light, the driver of every other approaching vehicle shall, as soon as it is safe and when not otherwise directed by an individual lawfully directing traffic, do one of the following:”
    ncleg.gov
  • “Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed and be prepared to stop until completely past the authorized emergency vehicle or public service vehicle.”
    ncleg.gov
  • “being used to assist motorists or law enforcement officers with wrecked or disabled vehicles, (ii) being used to install, maintain, or restore utility service”
    ncleg.gov
  • “violation of this section shall be an infraction punishable by a fine of two hundred fifty dollars ($250.00).”
    ncleg.gov

School buses

When a school bus stops with its stop arm out or red lights flashing, traffic from every direction must stop and stay stopped until the stop arm is withdrawn, the lights are off and the bus starts to move. Only oncoming traffic on a road divided by a median, a physical barrier, or a center turn lane on a road of four or more lanes may continue.

Official wording (4 sources)
  • “the driver of any other vehicle that approaches the school bus from any direction on the same street, highway, or public vehicular area shall bring that other vehicle to a full stop and shall remain stopped.”
    ncleg.gov
  • “The driver of the other vehicle shall not proceed to move, pass, or attempt to pass the school bus until after the mechanical stop signal has been withdrawn, the flashing red stoplights have been turned off, and the bus has started to move.”
    ncleg.gov
  • “so constructed as to separate vehicular traffic between the two roadways by an intervening space (including a center lane for left turns if the roadway consists of at least four more lanes) or by a physical barrier, need not stop”
    ncleg.gov
  • “any person violating this section shall be guilty of a Class 1 misdemeanor and shall pay a minimum fine of five hundred dollars ($500.00).”
    ncleg.gov

Speed limits

Unless signs say otherwise, the limit is 35 mph inside city or town limits and 55 mph outside them. Interstates and other controlled-access highways may be posted up to 70 mph. School zone limits are set locally and posted, never below 20 mph.

Official wording (4 sources)
  • “Thirty-five miles per hour inside municipal corporate limits for all vehicles.”
    ncleg.gov
  • “Fifty-five miles per hour outside municipal corporate limits for all vehicles except for school buses and school activity buses.”
    ncleg.gov
  • “A speed limit set pursuant to this subsection may not exceed 70 miles per hour.”
    ncleg.gov
  • “Limits set pursuant to this section may be enforced only on days when school is in session, and no speed limit below 20 miles per hour may be set under the authority of this section.”
    ncleg.gov

After a crash

If a crash causes death, injury or $1,000 or more in total property damage, you must immediately notify the police (in a city or town) or the Highway Patrol or sheriff (outside one). If you hit an unattended parked vehicle, you must also notify its owner within 48 hours.

Official wording (4 sources)
  • “The driver of a vehicle involved in a reportable accident must immediately, by the quickest means of communication, notify the appropriate law enforcement agency of the accident.”
    ncleg.gov
  • “If the accident occurred outside a city or town, the appropriate agency is the State Highway Patrol or the sheriff's office or other qualified rural police of the county where the accident occurred.”
    ncleg.gov
  • “The report may be made orally or in writing, must be made within 48 hours of the accident”
    ncleg.gov
  • “Total property damage of one thousand dollars ($1,000) or more, or property damage of any amount to a vehicle seized pursuant to G.S. 20-28.3.”
    ncleg.gov

Insurance

North Carolina requires continuous liability insurance of at least $50,000 per person and $100,000 per crash for injuries, and $50,000 for property damage, on policies issued or renewed after July 1, 2025. Uninsured/underinsured motorist coverage is also required.

Official wording (4 sources)
  • “fifty thousand dollars ($50,000) because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, one hundred thousand dollars ($100,000) because of bodily injury to or death of two or more persons in any one accident”
    ncleg.gov
  • “and fifty thousand dollars ($50,000) because of injury to or destruction of property of others in any one accident”
    ncleg.gov
  • “Minimum coverage amount for policies issued or renewed after July 1, 2025”
    ncdot.gov
  • “The owner of each motor vehicle registered in this State shall maintain financial responsibility continuously throughout the period of registration.”
    ncleg.gov

Motorcycle helmets

Every motorcycle and moped rider and passenger must wear a FMVSS 218-compliant helmet with the strap fastened. State law does not require eye protection.

Official wording (1 source)
  • “Unless the operator and all passengers thereon wear on their heads, with a retention strap properly secured, safety helmets of a type that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218.”
    ncleg.gov

Motorcycle permit rules

A motorcycle learner's permit requires a full provisional license (ages 16-17) or any NC license (18+), plus vision, sign and knowledge tests. Riders under 18 must first complete a Basic Rider Course. The permit lasts 12 months, can be renewed once for 6 months, and does not allow passengers.

Official wording (4 sources)
  • “A person who is at least 16 years old but less than 18 years old and has a full provisional license issued by the Division.”
    ncleg.gov
  • “An applicant who is less than 18 years old shall successfully complete the North Carolina Motorcycle Safety Education Program Basic Rider Course”
    ncleg.gov
  • “A motorcycle learner's permit expires twelve months after it is issued and may be renewed for one additional six-month period. The holder of a motorcycle learner's permit may not drive a motorcycle with a passenger.”
    ncleg.gov
  • “A person less than 18 years of age with a motorcycle endorsement may not drive a motorcycle with a passenger.”
    ncleg.gov

Lane splitting

North Carolina law does not allow lane splitting or filtering. Each motorcycle is entitled to a full lane, vehicles must stay within a single lane, and at most two motorcycles may ride side by side in one lane.

Official wording (4 sources)
  • “All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane.”
    ncleg.gov
  • “Motorcycles shall not be operated more than two abreast in a single lane.”
    ncleg.gov
  • “A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”
    ncleg.gov
  • “Cars and motorcycles need a full lane to operate safely. Lane sharing is usually prohibited.”
    ncdot.gov

This page summarizes the law for study purposes and is not legal advice. Laws change; confirm with North Carolina Division of Motor Vehicles (N.C. Department of Transportation).

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